China - Renewable Energy Scale-Up Program (CRESP) Project : resettlement action plan (Vol. 5 of 4)

RP274 v.5 Zhejiang Provincial Recycle Energy Scaling-up Program for Small Hydropower Resettlement Policy Framework Nov. 2004  Purpose of Resettlement Policy Framework and Definition of Resettlement 1 Outline 2 Project Impact 3 Framework of Law 4 Standard of Compensation 5 Measures Taken for Resettlement 6 Resettlement Cost 7 Resettlement Implementation 8 Organization Institution 9 Public Participation 10 Appeal Procedure 11 Supervision and Evaluation 12 Report Preparation Plan  Purpose of Resettlement Policy Framework and Definition of Resettlement This resettlement policy framework is made out according to the relevant laws and regulations from local and the People's Republic of China, and series of clauses from the World Bank safety and guarantee policy of OP4.12/BP4.12--"Involuntary Resettlement" . The preparation of the document aims at "making out a resettlement and recovery action plan for the affected persons to ensure that they are benefited in the project, improved in their living standard or at least recovered after completion of the project". In the process of the project development, requisition of land and the otherproperty would caluse adverse impact on those working in the fields or living on the fields. The Affect Persons indicate those having adverse impact in their production or living by the project requisition and removal, including: ? Partly or wholly, temporary or permanent requisitioned or occupied Land/persons ( including ling base, land for public facilities, agriculture,forestry, husbandry fishery and subsidies), structures ( personal housing and auxiliaries, enterprises' buildings or public structures etc.), rights and interests or the other property; ? The persons using the above land, structures or property, or their affected business and work, living places or their living habits; ? The affected living standard of the persons owing to land requisition and removal. Therefore, all those affected persons would be regarded as the affected persons to be recorded without consideration of their property, land or position. All the affected persons shall be compensated to improve or at least recovertheirliving standard, and what's more, their lost property shall be compensated too. The lost property shall be compensated on the basis of their re-purchased price, and any discount or lessening is not allowed for its removal or other reasons. All the affected persons shall get benenefited. In addition to compensation for their property loss, allowances shall be available for their recovery. The persons who are affected but do their business, land reclamation or construction without property, interests and rights, and lawful living licenece shall be equally treated with those who own formal and lawful property, interests and rights, and lawful living licenece. The former is qualified to get livng recovery and property compensation. Definition of "Resettlement and Recovery" "Resettlement and Recovery" indicates arrangement of production or living for the affected people in the project area so as to assure their recovery of production activities and improvement of their living standard or at leat keep their existing level, mainly including:  ? Removal for their living places; ? Seeking for new employment for the affected people; ? Recovery or compensation for the affected land, working places, trees and infrastructures; ? Recovery for the people affected by the living standard /quality (e.g.polluted harmful gas etc.) owing to requisition and removal; ? Recovery or compensation for the affected individual or public enterprises; ? Recovery for the adverse impact on culture or common property. The purpose of "Resettlement Policy Framework" is to provide a resettlementandrecovery plan for the affected people so as to compensate their loss, improve their living standard or at least maintain their existing level. To gain this purpose, the framework puts forward the recovery measures to make their income available and keep their living, at the same time, the affected business production resources (including shops and enterprises), public property, infrastructures and culture property would also be improved or at least recovered to the current level.  1 Outline 1.1 Project Background The project is located within the boundary of Zhejiang province. Zhejiang province is located near the East China Sea of the People 's Republic of China, south of Taihu lake, between 27